Re: [Videolib] Due diligence

Jessica Rosner (jrosner@kino.com)
Thu, 01 Jun 2006 11:42:11 -0400

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This may be so Gary but the question that started this was about showing a
film to a to a public audience and in this case
A feature film less than 20 years old which certainly is not without an
owner though it may well have been caught up in legal
Issues including bankruptcy. I don=B9t think anything in 108 ever relates to
public showings.

On 6/1/06 11:17 AM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:

> OK...this is thin ice I'm skating on, but...
>=20
> I think the definition of and requirements for due diligence in relation =
to
> copyright is very likely bound to mean different things for different typ=
es of
> use and use contexts. Due diligence in relation to a library wishing to
> perform a copyrighted work or preserve it under Section 108 rights ain't =
the
> same as due diligence in relation to a filmmaker wishing to incorporate
> footage into another work.
>=20
> Gary
>=20
>=20
> At 05:21 AM 6/1/2006, you wrote:
>> Finding a holder of a copyright is not the hardest thing in the world to=
do.
>> I can say this honestly because it's what I do for much of my work. It's=
like
>> learning any job.
>>=20
>> There are several people who do this for a living who have been known to=
work
>> at very reasonable prices. My guess is that due dilligence would be defi=
ned
>> as hiring one of these specialists or paying Thompson & Thompson for a
>> copyright search.
>>=20
>> Yes, sometimes it does take a long time. It took me fifteen years to fin=
d
>> Elizabeth Rogers, the rights holder to People of the Wind, but I did it
>> because I thought it worth it. If a filmmaker had to do this for a film =
in
>> production, perhaps they'd use a still or a trailer instead -- or find
>> another option. I'm facing many of these issues trying to clear the musi=
c
>> rights (four years and running) for KILLER OF SHEEP.
>>=20
>> If anyone has seen Tony Buba's LIGHTNING OVER BRADDOCK (available at
>> Zeitgeist), it has a wonderful scene where he has to consider whether he
>> should pay $15,000 to CAMI for the rights to Jumpin' Jack Flash which is
>> absolutely, positively necessary for the scene. His solution was FAR bet=
ter
>> than if he had paid for the rights.
>>=20
>> A greedy copyright holder is not THE obstacle to art or education -- a l=
ack
>> of imagination is.
>>=20
>> Fan of the first place Mets,
>> Dennis Doros
>> Milestone Film & Video/Milliarium Zero
>> PO Box 128
>> Harrington Park, NJ 07640
>> Phone: 201.767.3117
>> Fax: 201.767.3035
>> milefilms@aol.com
>> www.milestonefilms.com <http://www.milestonefilms.com>
>=20
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>=20
> <http://www.lib.berkeley.edu/MRC> *****
>=20
> "In societies where modern conditions of production prevail,
> all of life presents itself as an immense accumulation of
> spectacles."
> --Guy Debord

Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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Re: [Videolib] Due diligence This = may be so Gary but the question that started this was about  showing a = film to a  to a public audience and in this case
A feature film less than 20 years old which certainly is not without an own= er though it may well have been caught up in legal
Issues including bankruptcy. I don’t think anything in 108 ever relat= es to public showings.


On 6/1/06 11:17 AM, "Gary Handman" <ghandman@library.berkeley.= edu> wrote:

OK...this is thin ice I'm skating on, but...

I think the definition of and requirements for due diligence in relation to= copyright is very likely bound to mean different things for different types= of use and use contexts.  Due diligence in relation to a library wishi= ng to perform a copyrighted work or preserve it under Section 108 rights = ain't the same as due diligence in relation to a filmmaker wishing to in= corporate footage into another work.  

Gary


At 05:21 AM 6/1/2006, you wrote:
Finding a holder of a copyright is not the hardest thing in the world to do= . I can say this honestly because it's what I do for much of my work. It's l= ike learning any job.

There are several people who do this for a living who have been known to wo= rk at very reasonable prices. My guess is that due dilligence would be defin= ed as hiring one of these specialists or paying Thompson & Thompson for = a copyright search.

Yes, sometimes it does take a long time. It took me fifteen years to find E= lizabeth Rogers, the rights holder to People of the Wind, but I did it becau= se I thought it worth it. If a filmmaker had to do this for a film in produc= tion, perhaps they'd use a still or a trailer instead -- or find another opt= ion. I'm facing many of these issues trying to clear the music rights (four = years and running) for KILLER OF SHEEP.

If anyone has seen Tony Buba's LIGHTNING OVER BRADDOCK (available at Zeitge= ist), it has a wonderful scene where he has to consider whether he should pa= y $15,000 to CAMI for the rights to Jumpin' Jack Flash which is absolutely, = positively necessary for the scene. His solution was FAR better than if he h= ad paid for the rights.

A greedy copyright holder is not THE obstacle to art or education -- a lack= of imagination is.

Fan of the first place Mets,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128
Harrington Park, NJ 07640
Phone: 201.767.3117
Fax: 201.767.3035
milefilms@aol.com
www.milestonefilms.com <http://w= ww.milestonefilms.com>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

 
<http://www.lib.berkeley= .edu/MRC> *****

"In societies where modern conditions of production prevail,
           all of li= fe presents itself as an immense accumulation of spectacles."
            &nb= sp; --Guy Debord




Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.